Bare Act Civil Court Procedure 1908

13/03/2022 The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908

(
ACT
NO. V OF 1908
)
[ 21st March, 1908 ]
♣An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil
Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the
Courts of Civil Judicature; It is hereby enacted as follows:-

PRELIMINARY
Short title, 1.(1) This Act may be cited as the Code of Civil Procedure, 1908.
commencement
(2) It shall come into force on the first day of January, 1909.
and extent.
(3) It extends to the whole of Bangladesh.
Definitions 2. In this Act, unless there is anything repugnant in the subject or context,-
(1) "Code" includes rules:
(2) "decree" means the formal expression of an adjudication which, so far as
regards the Court expressing it, conclusively determines the rights of the
parties with regard to all or any of the matters in controversy in the suit and
may be either preliminary or final. It shall be deemed to include the rejection
of a plaint and the determination of any question within 1[* * *] section 144,
but shall not include-

(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation.-A decree is preliminary when further proceedings have to be
taken before the suit can be completely disposed of. It is final when such
bdlaws.minlaw.gov.bd/act-print-86.html 1/71
adjudication completely disposes of the suit. It may be partly preliminary and

partly final:
(3) "decree-holder" means any person in whose favour a decree has been
passed or an order capable of execution has been made:
(4) "district" means the local limits of the jurisdiction of a principal Civil Court
of original jurisdiction (hereinafter called a "District Court"), and includes the

local limits of the ordinary original civil jurisdiction of the High Court Division:
(5) "foreign Court" means a Court situate beyond the limits of Bangladesh
which has no authority in Bangladesh and is not established or continued by

the Government:
(6) "foreign judgment" means the judgment of a foreign Court:
(7) "Government Pleader" includes any officer appointed by the Government
to perform all or any of the functions expressly imposed by this Code on the
Government Pleader and also any pleader acting under the directions of the
Government Pleader:
(8) "Judge" means the presiding officer of a Civil Court:
(9) "Judgment" means the statement given by the Judge of the grounds of a
decree or order:
(10) "Judgment-debtor" means any person against whom a decree has been
passed or an order capable of execution has been made:
(11) "legal representative" means a person who in law represents the estate
of a deceased person, and includes any person who intermeddles with the
estate of the deceased and where a party sues or is sued in a representative
character the person on whom the estate devolves on the death of the party
so suing or sued:
(12) "mesne profits" of property means those profits which the person in
wrongful possession of such property actually received or might with ordinary

diligence have received therefrom, together with interest on such profits but
shall not include profits due to improvements made by the person in wrongful
possession:
(13) "movable property" includes growing crops:
(14) "order" means the formal expression of any decision of a Civil Court
which is not a decree:
(15) "pleader" means any person entitled to appear and plead for another in
Court 2[* * *]:
(16) "prescribed" means prescribed by rules:
(17) "public officer" means a person falling under any of the following
descriptions, namely:-
(a) every Judge;
(b) every member of the Civil Service of 3[The Republic];
(c) every commissioned or gazetted officer in the military, naval or air forces
of Bangladesh while in the service of the 4[Republic];

(d) every officer of a Court of Justice whose duty it is, as such officer, to
investigate or report on any matter of law or fact, or to make, authenticate or
keep any document, or to take charge or dispose of any property, or to

execute any judicial process, or to administer any oath, or to interpret, or to
preserve order, in the Court, and every person especially authorised by a

Court of Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to
place or keep any person in confinement;

(f) every officer of the Government whose duty it is, as such officer, to
prevent offences, to give information of offences, to bring offenders to justice,
or to protect the public health, safety or convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or
expend any property on behalf of the Government, or to make any survey,

assessment or contract on behalf of the Government, or to execute any
revenue-process, or to investigate, or to report on, any matter affecting the
pecuniary interest of the Government, or to make, authenticate or keep any
document relating to the pecuniary interests of the Government, or to prevent

the infraction of any law for the protection of the pecuniary interests of the
Government; and
(h) every officer in the service or pay of the 5[Republic], or remunerated by
fees or commission for the performance of any public duty:
(18) "rules" means rules and forms contained in the First Schedule or made
under section 122 or section 125:
(19) "share in a corporation" shall be deemed to include stock, debenture
stock, debentures or bonds: and

(20) "signed", save in the case of a judgment or decree, includes stamped.
Subordination 3. For the purposes of this Code, the District Court is subordinate to the High
of Courts.
Court Division, and every Civil Court of a grade inferior to that of a District
Court and every Court of Small Causes is subordinate to the High Court
Division and District Court.
Savings 4.(1) In the absence of any specific provision to the contrary, nothing in this
Code shall be deemed to limit or otherwise affect any special 6[* * *] law now
in force or any special jurisdiction or power conferred, or any special form of
procedure prescribed, by or under any other law for the time being in force.
(2) In particular and without prejudice to the generality of the proposition
contained in sub-section (1), nothing in this Code shall be deemed to limit or
otherwise affect any remedy which a land-holder or landlord may have under
any law for the time being in force for the recovery of rent of agricultural land
from the produce of such land.
Application 5.(1) Where any Revenue Courts are governed by the provisions of this
of the Code
Code in those matters of procedure upon which any special enactment
of Revenue
Courts. applicable to them is silent, the Government may, by notification in the official
Gazette, declare that any portions of those provisions which are not
expressly made applicable by this Code shall not apply to those Courts, or
shall only apply to them with such notifications as the Government may
prescribe.
(2) "Revenue Court" in sub-section (1) means a Court having jurisdiction
under any 7[* * *] law to entertain suits or other proceedings relating to the
rent, revenue or profits of land used for agricultural purposes, but does not
include a Civil Court having original jurisdiction under this Code to try such
suits or proceedings as being suits or proceedings of a civil nature.
Pecuniary 6. Save in so far as is otherwise expressly provided, nothing herein

Jurisdiction.
contained shall operate to give any Court jurisdiction over suits the amount or
value of the subject-matter of which exceeds the pecuniary limits (if any) of
its ordinary jurisdiction.
Small Cause 7. The following provisions shall not extend to Courts constituted under the
Courts.
8[* * *] Small Cause Courts Act, 1887, or to Courts exercising the jurisdiction
of a Court of Small Causes under the said Act, that is to say,-
(a) so much of the body of the Code as relates to-
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
(iii) the execution of decrees against immovable property; and
(b) the following sections, that is to say,-
section 9,
sections 91 and 92,
sections 94 and 95 so far as they authorise or relate to-
(i) orders for the attachment of immovable
property,
(ii) injunctions,
(iii) the appointment of a receiver of immovable property, or
(iv) the interlocutory orders referred to in clause (e) of section 94; and
sections 96 to 112 and 115.
[Omitted] 8. [Omitted by the Adaptation of Central Acts and Ordinance Order, 1949].
PART I
SUITS IN GENERAL
Jurisdiction of the Courts and Res Judicata
Courts to try 9. The Courts shall (subject to the provisions herein contained) have
all civil suits
unless jurisdiction to try all suits of a civil nature excepting suits of which their
barred. cognizance is either expressly or impliedly barred.
Explanation.-A suit in which the right to property or to an office is contested is
a suit of a civil nature, notwithstanding that such right may depend entirely on
the decision of questions as to religious rites or ceremonies.
Stay of suit. 10. No Court shall proceed with the trial of any suit in which the matter in
issue is also directly and substantially in issue in a previously instituted suit
between the same parties, or between parties under whom they or any of
them claim litigating under the same title where such suit is pending in the
same or any other Court in Bangladesh having jurisdiction to grant the relief
claimed, or in any Court beyond the limits of Bangladesh established or

continued by the Government and having like jurisdiction, or before the
Supreme Court.
Explanation.-The pendency of a suit in a foreign Court does not preclude the
Court in Bangladesh from trying a suit founded on the same cause of action.
Res 11. No Court shall try any suit or issue in which the matter directly and
Judicata
substantially in issue has been directly and substantially in issue in a former
suit between the same parties, or between parties under whom they or any of
them claim, litigating under the same title, in a court competent to try such
subsequent suit or the suit in which such issue has been subsequently
raised, and has been heard and finally decided by such Court.
Explanation I.-The expression "former suit" shall denote a suit which has
been decided prior to the suit in question whether or not it was instituted prior
thereto.
Explanation II.-For the purposes of this section, the competence of a Court
shall be determined irrespective of any provisions as to a right of appeal from
the decision of such Court.

Explanation III.-The matter above referred to must in the former suit have
been alleged by one party and either denied or admitted, expressly or
impliedly, by the other.

Explanation IV.-Any matter which might and ought to have been made
ground of defence or attack in such former suit shall be deemed to have

been a matter directly and substantially in issue in such suit.
Explanation V.-Any relief claimed in the plaint, which is not expressly granted
by the decree, shall, for the purposes of this section, be deemed to have
been refused.
Explanation VI.-Where persons litigate bona fide in respect of a public right
or of a private right claimed in common for themselves and others, all
persons interested in such right shall, for the purposes of this section, be
deemed to claim under the persons so litigating.
Bar to 12. Where a plantiff is precluded by rules from instituting a further suit in
further suit.
respect of any particular cause of action, he shall not be entitled to institute a
suit in respect of such cause of action in any Court to which this Code
applies.
When 13. A foreign judgment shall be conclusive as to any matter thereby directly
foreign
adjudicated upon between the same parties or between parties under whom
judgment
not they or any of them claim litigating under the same title except-
conclusive.
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an
incorrect view of international law or a refusal to recognise the law of
Bangladesh in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed
to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in
Bangladesh.
Presumption 14. The Court shall presume, upon the production of any document
as to foreign
purporting to be a certified copy of a foreign judgment, that such judgment
judgments.
was pronounced by a Court of competent jurisdiction, unless the contrary
appears on the record; but such presumption may be displaced by proving
want of jurisdiction.
Place of Suing
Court in 15. Every suit shall be instituted in the Court of the lowest grade competent
which suits
to be to try it.
instituted.
Suits to be 16. Subject to the pecuniary or other limitations prescribed by any law, suits-
instituted
(a) for the recovery of immovable property with or without rent or profits,
where
subject- (b) for the partition of immovable property,
matter
situate. (c) for foreclosure, sale or redemption in the case of a mortgage of or charge
upon immovable property,
(d) for the determination of any other right to or interest in immovable
property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or
attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the
property is situate, or, in the case of suits referred to in clause (c), at the
place where the cause of action has wholly or partly arisen:

Provided that a suit to obtain relief respecting, or compensation for wrong to,
immovable property held by or on behalf of the defendant may, where the

relief sought can be entirely obtained through his personal obedience, be
instituted either in the Court within the local limits of whose jurisdiction the
property is situate, or, in the case of suits referred to in clause (c), at the
place where the cause of action has wholly or partly arisen, or in the Court
within the local limits of whose jurisdiction the defendant actually and
voluntarily resides, or carries on business, or personally works for gain.
Explanation.-In this section "property' means property situate in Bangladesh.
Suits for 17. Where a suit is to obtain relief respecting, or compensation for wrong to,
immovable
property immovable property situate within the jurisdiction of different Courts, the suit
situate may be instituted in any Court within the local limits of whose jurisdiction any
within
portion of the property is situate:
jurisdiction
of different Provided that, in respect of the value of the subject-matter of the suit, the
Courts.
entire claim is cognizable by such Court
Place of 18.(1) Where it is alleged to be uncertain within the local limits of the
institution
jurisdiction of which of two or more Courts any immovable property is situate,
of suit
where local any one of those Courts may, if satisfied that there is ground for the alleged
limits of
uncertainly, record a statement to that effect and thereupon proceed to
jurisdiction
of Courts entertain and dispose of any suit relating to that property, and its decree in
are the suit shall have the same effect as if the property were situate within the
uncertain.
local limits of its jurisdiction:
Provided that the suit is one with respect to which the Court is competent as
regards the nature and value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section (1), and an
objection is taken before an appellate or revisional Court that a decree or

order in a suit relating to such property was made by a Court not having
jurisdiction where the property is situate, the appellate or revisional Court

shall not allow the objection unless in its opinion there was, at the time of the
institution of the suit, no reasonable ground for uncertainly as to the Court
having jurisdiction with respect thereto and there has been a consequent
failure of justice.
Suits for 19. Where a suit is for compensation for wrong done to the person or to
compensation
for wrongs movable property, if the wrong was done within the local limits of the
to person or jurisdiction of one Court and the defendant resides, or carries on business, or
movables.
personally works for gain, within the local limits of the jurisdiction of another
Court, the suit may be instituted at the option of the plantiff in either of the
said Courts.
Illustrations
(a) A, residing in 9[Chittagong] beats B in Dhaka.
B may sue A either in Dhaka or in 10[Chittagong].
(b) A, residing in 11[Chittagong] publishes in Dhaka statements defamatory of
B. B may sue A either in Dhaka, or in 12[Chittagong].
Others suits 20. Subject to the limitations aforesaid, every suit shall be instituted in a
to be
Court within the local limits of whose jurisdiction.
instituted
where (a) the defendant, or each of the defendants where there are more than one,
defendants
at the time of the commencement of the suit, actually or voluntarily resides,
reside or
cause of or carries on business, or personally works for gain; or
action
(b) any of the defendants, where there are more than one, at the time of the
arises.
commencement of the suit, actually or voluntarily resides, or carries on
business, or personally works for gain, provided that in such case either the
leave of the Court is given, or the defendants who do not reside, or carry on
business, or personally work for gain, as aforesaid, acquiesce in such

institution; or

(c) the cause of action, wholly or in part, arises.

Explanation I.-Where a person has a permanent dwelling at one place and
also a temporary residence at another place, he shall be deemed to reside at
both places in respect of any cause of action arising at the place where he
has such temporary residence.
Explanation II.-A Corporation shall be deemed to carry on business at its sole
or principal office in Bangladesh or, in respect of any cause of action arising
at any place where it has also a subordinate office, at such place.

Illustrations
(a) A is a tradesman in Dhaka. B carries on business in [Chittagong]. B, by

13
his agent in Dhaka, buys goods of A and requests A to deliver them to the
14[Bangladesh Biman]. A delivers the goods accordingly in Dhaka. A may sue
B for the price of the goods either in Dhaka, where the cause of action has
arisen, or in 15[Chittagong], where B carries on business.
(b) A resides at 16[Cox's Bazar], B at Dhaka and C at 17[Chittagong]. A, B and
C being together at 18 [Khulna], B and C make a joint promissiory note

payable on demand, and deliver it to A. A may sue B and C 19[at Khulna],
where the cause of action arose. He may also sue them at Dhaka, where B
resides, or at [Chittagong], where C resides; but in each of these cases, if
20
the non-resident defendant objects, the suit cannot proceed without the leave
of the Court.
Objections 21. No objection as to the place of suing shall be allowed by any appellate or
to
jurisdiction. revisional Court unless such objection was taken in the Court of first instance
at the earliest possible opportunity and in all cases where issues are settled
at or before such settlement, and unless there has been a consequent failure
of justice.
Power to 22. Where a suit may be instituted in any one of two or 22. Where a suit may
transfer
be instituted in any one of two or more Courts and is instituted in one of such
suits which
may be Courts, any defendant, after notice to the other parties, may, at the earliest
instituted in possible opportunity and in all cases where issues are settled at or before
more than
such settlement, apply to have the suit transferred to another Court, and the
one Court.
Court to which such application is made, after considering the objections of
the other parties (if any), shall determine in which of the several Courts
having jurisdiction the suit shall proceed.
To what 23.(1) Where the several Courts having jurisdiction are subordinate to the
Court
application same Appellate Court, an application under section 22 shall be made to the
lies. Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts 21
[* * *],
the application shall be made to the 22[* * *] High Court Division.
(3) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
General 24.(1) On the application of any of the parties and after notice to the parties
power of
transfer and and after hearing such of them as desire to be heard, or of its own motion
withdrawal. without such notice, the High Court Division or the District Court may at any
stage-
(a) transfer any suit, appeal or other proceeding pending before it for trial or
disposal to any Court subordinate to it and competent to try or dispose of the

same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court
subordinate to it, and

(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and
competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was
withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under
sub-section (1), the Court which thereafter tries such suit may, subject to any
special directions in the case of any order of transfer, either retry it or

proceed from the point at which it was transferred or withdrawn.
(3) For the purposes of this section, Courts of Additional and Assistant
Judges shall be deemed to be subordinate to the District Court.
(4) The Court trying any suit transferred or withdrawn under this section from
a Court of Small Causes shall, for the purposes of such suit, be deemed to
be a Court of Small Causes.
Appearance 23
[24A.(1) Where any suit is transferred under section 22, or any suit, appeal
of parties on
or other proceeding is transferred or withdrawn under sub-section (1) of
transfer of
suit, etc. section 24 on the application of a party, the Court ordering the transfer or
withdrawal shall fix a date for the appearance of the parties before itself, if
the suit, appeal or other proceeding is to be tried or disposed of by itself, or
before the Court to which the case is so transferred.

(2) Where any suit, appeal or other proceeding is transferred from one Court
to another, otherwise than on the application of a party, the parties thereto

shall appear before the Court from which the suit, appeal or other
proceedings is to be transferred, on the day already fixed for their
appearance before that Court, and such Court shall then communicate the
order of transfer to such parties and direct them to appear before the Court to
which the suit, appeal or other proceeding is to be transferred, either on the
same day, or on such earliest day as may be reasonable having regard to the
distance at which the other Court is located.]
[Omitted] 25. [Omitted by the Schedule of the Central Laws (Statute Reform)
Ordinance, 1960 (Ordinance No. XXI of 1960).]
Institution of Suits
Institution 26. Every suit shall be instituted by the presentation of a plaint or in such
of suits.
other manner as may be prescribed
Summons and Discovery
Summons 27. Where a suit has been duly instituted, a summons may be issued to the
to
defendant to appear and answer the claim and may be served in manner
defendants.
prescribed.
[Omitted] 28. [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973), section 3 and 2nd Schedule.]
Service of 29. Summonses and other processes issued by any Civil or Revenue Court
foreign
summonses. situate outside Bangladesh may be sent to the Courts in Bangladesh and
served as if they were summonses issued by such Courts:

Provided that the 24[Government] has by notification in the official Gazette
declared the provisions of this section to apply to such Courts.
Power to 30. Subject to such conditions and limitations as may be prescribed, the
order
Court may, at any time, either of its own motion or on the application of any
discovery
and the like. party,-
(a) make such orders as may be necessary or reasonable in all matters
relating to the delivery and answering of interrogatories, the admission of

documents and facts, and the discovery, inspection, production, impounding
and return of documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either to give
evidence or to produce documents or such other objects as aforesaid;

(c) order any fact to be proved by affidavit.
Summons 31. The provisions in sections 27, 28 and 29 shall apply to summonses to
to witness.
give evidence or to produce documents or other material objects.
Penalty for 32. The Court may compel the attendance of any person to whom a
default.
summons has been issued under section 30 and for that purpose may-
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him not exceeding five hundred Taka;
(d) order him to furnish security for his appearance and in default commit him
to the civil prison.
Judgment and Decree.
Judgment 33. The Court, after the case has been heard, shall pronounce judgment, and
and decree.
on such judgment a decree shall follow.
Interest
Interest 34.(1) Where and in so far as a decree is for the payment of money, the
Court may, in the decree, order interest at such rate as the Court deems
reasonable to be paid on the principal sum adjudged, from the date of the
suit to the date of the decree, in addition to any interest adjudged on such
principal sum for any period prior to the institution of the suit, with further
interest at such rate as the Court deems reasonable on the aggregate sum
so adjudged, from the date of the decree to the date of payment, or to such
earlier date as the Court thinks fit.
2) Where such a decree is silent with respect to the payment of further
interest on such aggregate sum as aforesaid from the date of the decree to
the date of payment or other earlier date, the Court shall be deemed to have
refused such interest, and a separate suit therefor shall not lie.
Costs
Costs 35.(1) Subject to such conditions and limitations as may be prescribed, and
to the provisions of any law for the time being in force, the costs of and
incident to all suits shall be in the discretion of the Court, and the Court shall
have full power to determine by whom or out of what property and to what
extent such costs are to be paid, and to give all necessary directions for the
purposes aforesaid. The fact that the Court has no jurisdiction to try the suit
shall be no bar to the exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event, the
Court shall state its reasons in writing.
(3) The Court may give interest on costs at any rate not exceeding six per
cent. per annum, and such interest shall be added to the costs and shall be
recoverable as such.
Compensatory 25
[35A.(1) If in any suit or other proceeding, including an execution
costs in
proceeding, not being an appeal, any party objects to the claim or defence on
respect of
false or the ground that the claim or defence, or any part of it, is false or vexatious,
vexatious
and if, thereafter, such claim or defence is disallowed, in whole or in part, the
claims or
defences. Court shall, after recording its reasons for holding such claim or defence to
be false or vexatious, make an order for the payment to the objector, such
cost by way of compensation which may, without exceeding the limit of the
Court's pecuniary jurisdiction, extend upto twenty thousand taka.
(2) No person against whom an order has been made under this section
shall, by reason thereof, be exempted from any criminal liability in respect of

any claim or defence made by him.
(3) The amount of any cost awarded under this section in respect of a false
or vexatious claim or defence shall be taken into account in any subsequent
suit for damages or compensation in respect of such claim or defence.]
Cost for 26[35B.(1) If at any stage of a suit or proceeding, an application or written

delay in
making objection is not filed within the time fixed by the Court, such application or
applications, written objection, as the case may be, shall not be admitted for hearing
etc., in
without payment by that party of such cost to the other party not exceeding
respect of
interlocutory two thousand taka.
matters. (2) If after filing of written statement, any party to the suit makes an
application in respect of any matter which, in the opinion of the Court, could
and ought to have been made earlier, and is likely to delay the main
proceeding of the suit, the Court may admit, but shall not hear and dispose of
the application, without payment by that party of such cost to the other party
not exceeding three thousand taka, as it shall determine and direct, and upon
failure to pay the cost, the application shall stand rejected.]
PART II
EXECUTION
General
Application 36. The provisions of this Code relating to the execution of decrees shall, so
to orders.
far as they are applicable, be deemed to apply to the execution of orders.
Definition of 37. The expression "Court which passed a decree," or words to that effect,
Court which
shall, in relation to the execution of decrees, unless there is anything
passed a
decree. repugnant in the subject or context, be deemed to include,-
(a) where the decree to be executed has been passed in the exercise of
appellate jurisdiction, the Court of first instance, and
(b) where the Court of first instance has ceased to exist or to have jurisdiction
to execute it, the Court which, if the suit wherein the decree was passed was
instituted at the time of making the application for the execution of the
decree, would have jurisdiction to try such suit.
Courts by which decrees may be executed
Court by 38. A decree may be executed either by the Court which passed it, or by the
which
Court to which it is sent for execution.
decree may
be
executed.
Transfer of 39.(1) The Court which passed a decree may, on the application of the
decree.
decree-holder, send it for execution to another Court,-
(a) if the person against whom the decree is passed actually and voluntarily
resides or carries on business, or personally works for gain, within the local
limits of the jurisdiction of such other Court, or

(b) if such person has not property within the local limits of the jurisdiction of
the Court which passed the decree sufficient to satisfy such decree and has
property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate
outside the local limits of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason,
which it shall record in writing, that the decree should be executed by such
other Court.
(2) The Court which passed a decree may of its own motion send it for
execution to any subordinate Court of competent jurisdiction.
[Omitted] 40. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
Result of 41. The Court to which a decree is sent for execution shall certify to the Court
execution
proceedings which passed it the fact of such execution, or where the former Court fails to
to be execute the same the circumstances attending such failure.
certified.
Powers of 42.(1) The Court executing a decree sent to it shall have the same powers in
Court in
executing such decree as if it had been passed by itself. All persons
executing
transferred disobeying or obstructing the execution of the decree shall be punishable by
decree.
such Court in the same manner as if it had passed the decree. And its order
in executing such decree shall be subject to the same rules in respect of
appeal as if the decree had been passed by itself.
(2) Without prejudice to the generality of the foregoing provision, the Court
executing a decree sent to it shall have the following powers, namely:-

(a) power under section 39 to transfer the decree to another Court, if
necessary;

(b) power under sub-section (1) of section 50 to permit execution to proceed

against the legal representatives of a deceased judgment-debtor;
(c) power under section 152 to correct clerical or arithmetical errors;
(d) power under rule 16 of Order XXI to recognise the assignment of a
decree;
(e) power under sub-rule (2) of rule 50 of Order XXI to grant leave to a
decree-holder to proceed against a person not already recognised as a
partner in a firm in an execution proceeding against the firm;

(f) power under clause (b) of sub-rule (1) of rule 53 of Order XXI to give
notice of attachment of decree passed by another Court.
Execution of 43. Any decree passed by a Civil Court established in any area in
decrees
Bangladesh to which the provisions relating to execution do not extend, [* *
27
passed by
British *] may, if it cannot be executed within the jurisdiction of the Court by which it
Courts in
was passed, be executed in manner herein provided within the jurisdiction of
places to
which this any Court in Bangladesh.
Part does
not extend
or in foreign
territory.
Execution of 28
[44A.(1) Where a certified copy of a decree of any of the superior Courts of
decrees
passed by
29
[* * *] any reciprocating territory has been filed in a District Court, the
Courts in decree may be executed in Bangladesh as if it had been passed by the
the United
District Court.
Kingdom
and other (2) Together with the certified copy of the decree shall be filed a certificate
reciprocating
from such superior Court stating the extent, if any, to which the decree has
territory.
been satisfied or adjusted and such certificate shall, for the purposes of
proceedings under this section, be conclusive proof of the extent of such

satisfaction or adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of
the decree apply to the proceedings of a District Court executing a decree
under this section, and the District Court shall refuse execution of any such
decree, if it is shown to the satisfaction of the Court that the decree falls
within any of the exceptions specified in clauses (a) to (f) of section 13.]
[* * *]
30
Explanation 2.- "Reciprocating territory" means [any] country or territory as

31
the Government may, from time to time, by notification in the official Gazette,
declare to be reciprocating territory for the purposes of this section; and
"Superior Courts", with reference to any such territory, means such Courts as
may be specified in the said notification.
Explanation 3.- "Decree", with reference to a superior Court, means any
decree or judgment of such Court under which a sum of money is payable,

not being a sum payable in respect of taxes or other charges of a like nature
or in respect of a fine or other penalty, and

[* * *]
32
(b) in no case includes an arbitration award, even if such award is
enforceable as a decree or judgment.]
Precepts 46.(1) Upon the application of the decree-holder the Court which passed the
decree may, whenever it thinks fit, issue a precept to any other Court which
would be competent to execute such decree to attach any property belonging

to the judgment-debtor and specified in the precept.
(2) The Court to which a precept is sent shall proceed to attach the property
in the manner prescribed in regard to the attachment of property in execution
of a decree:
Provided that no attachment under a precept shall continue for more than
two months unless the period of attachment is extended by an order of the

Court which passed the decree or unless before the determination of such
attachment the decree has been transferred to the Court by which the
attachment has been made and the decree-holder has applied for an order
for the sale of such property.
[Omitted] 47. [Omitted by section 3 of the Code of Civil Procedure (Amendment)

Ordinance, 1983 (Ordinance No. XLVIII of 1983).]
Limit of Time for Execution
Execution 48.(1) Where an application to execute a decree not being a decree granting
barred in
an injunction has been made, no order for the execution of the same decree
certain
cases. shall be made upon any fresh application presented after the expiration of
twelve years from
(a) the date of the decree sought to be executed, or,
(b) where the decree or any subsequent order directs any payment of money
or the delivery of any property to be made at a certain date or at recurring

periods, the date of the default in making the payment or delivery in respect
of which the applicant seeks to execute the decree.
(2) Nothing in this section shall be deemed
(a) to preclude the Court from ordering the execution of a decree upon an
application presented after the expiration of the said term of twelve years,
where the judgment-debtor has, by fraud or force, prevented the execution of
the decree at some time within twelve years immediately before the date of
the application; or
(b) to limit or otherwise affect the operation of article 183 of the First
Schedule to the Limitation Act, 1908.
Transferees and Legal Representatives
Transferee 49. Every transferee of a decree shall hold the same subject to the equities
(if any) which the judgment-debtor might have enforced against the original
decree-holder.
Legal 50.(1) Where a judgment-debtor dies before the decree has been fully
representative
satisfied, the holder of the decree may apply to the Court which passed it to
execute the same against the legal representative of the deceased.
(2) Where the decree is executed against such legal representative, he shall
be liable only to the extent of the property of the deceased which has come
to his hands and has not been duly disposed of; and, for the purpose of
ascertaining such liability, the Court executing the decree may, of its own
motion or on the application of the decree-holder, compel such legal
representative to produce such accounts as it thinks fit.
Procedure in Execution
Powers of 51. Subject to such conditions and limitations as may be prescribed, the
Court to
Court may, on the application of the decree-holder, order execution of the
enforce
execution. decree-
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by sale without attachment of any property;
(c) by arrest and detention in prison;
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may require:
Provided that, where the decree is for the payment of money, execution by
detention in prison shall not be ordered unless, after giving the judgment-
debtor an opportunity of showing cause why he should not be committed to
prison, the Court, for reasons recorded in writing, is satisfied-

(a) that the judgment-debtor, with the object or effect of obstructing or

delaying the execution of the decree,-
(i) is likely to abscond or leave the local limits of the jurisdiction of the Court,
or
(ii) has, after the institution of the suit in which the decree was passed,
dishonestly transferred, concealed, or removed any part of his property, or

committed any other act of bad faith in relation to his property; or
(b) that the judgment-debtor has, or has had since the date of the decree, the
means to pay the amount of the decree or some substantial part thereof and
refuses or neglects or has refused or neglected to pay the same, or
(c) that the decree is for a sum for which the judgment-debtor was bound in a
fiduciary capacity to account.
Explanation.-In the calculation of the means of the judgment-debtor for the
purposes of clause (b), there shall be left out of account any property which,
by or under any law or custom having the force of law for the time being in
force, is exempt from attachment in execution of the decree.
Enforcement 52.(1) Where a decree is passed against a party as the legal representative
of decree
of a deceased person, and the decree is for the payment of money out of the
against
legal property of the deceased, it may be executed by the attachment and sale of
representative.
any such property.
(2) Where no such property remains in the possession of the judgment-
debtor and he fails to satisfy the Court that he has duly applied such property
of the deceased as is proved to have come into his possession, the decree
may be executed against the judgment-debtor to the extent of the property in
respect of which he has failed so to satisfy the Court in the same manner as
if the decree had been against him personally.
Liability of 53. For the purposes of section 50 and section 52, property in the hands of a
ancestral
son or other descendant which is liable under Hindu law for the payment of
property.
the debt of a deceased ancestor, in respect of which a decree has been
passed, shall be deemed to be property of the deceased which has come to

the hands of the son or other descendant as his legal representative.
Partition of 54. Where the decree is for the partition of an undivided estate assessed to
estate or
the payment of revenue to the Government, or for the separate possession of
separation
of share. a share of such an estate, the partition of the estate or the separation of the
share shall be made by the Collector or any gazetted subordinate of the
Collector deputed by him in this behalf, in accordance with the law (if any) for
the time being in force relating to the partition, or the separate possession of
shares, of such estates.
Arrest and Detention
Arrest and 55.(1) A judgment-debtor may be arrested in execution of a decree at any

detention.
hour and on any day, and shall, as soon as practicable, be brought before
the Court, and his detention may be in the civil prison of the district in which
the Court ordering the detention is situate, or, where such civil prison does
not afford suitable accommodation, in any other place which the Government
may appoint for the detention of persons ordered by the Courts of such
district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section,
no dwelling-house shall be entered after sunset and before sunrise:

Provided, secondly, that no outer door of a dwelling-house shall be broken
open unless such dwelling-house is in the occupancy of the judgment-debtor
and he refuses or in any way prevents access thereto, but when the officer
authorised to make the arrest has duly gained access to any dwelling-house,
he may break open the door of any room in which he has reason to believe
the judgment-debtor is to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a woman who
is not the judgement-debtor and who according to the customs of the country
does not appear in public, the officer authorised to make the arrest shall give
notice to her that she is at liberty to withdraw, and, after allowing a

reasonable time for her to withdraw and giving her reasonable facility for
withdrawing, may enter the room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a judgment-
debtor is arrested, is a decree for the payment of money and the judgment-
debtor pays the amount of the decree and the costs of the arrest to the
officer arresting him, such officer shall at once release him.
(2) The Government may, by notification in the official Gazette, declare that
any person or class of persons whose arrest might be attended with danger
or inconvenience to the public shall not be liable to arrest in execution of a
decree otherwise than in accordance with such procedure as may be
prescribed by the Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the
payment of money and brought before the Court, the Court shall inform him
that he may apply to be declared an insolvent, and that he may be

discharged if he has not committed any act of bad faith regarding the subject
of the application and if he complies with the provisions of the law of
insolvency for the time being in force.
(4) Where a judgment-debtor expresses his intention to apply to be declared
an insolvent and furnishes security, to the satisfaction of the Court, that he
will within one month so apply, and that he will appear, when called upon, in
any proceeding upon the application or upon the decree in execution of

which he was arrested, the Court may release him from arrest, and, if he fails
so to apply and to appear, the Court may either direct the security to be
realized or commit him to the civil prison in execution of the decree.
Prohibition 56. Notwithstanding anything in this Part, the Court shall not order the arrest
of arrest or
or detention in the civil prison of a woman in execution of a decree for the
detention of
women in payment of money.
execution of
decree for
money.
Subsistence 57. The Government may fix scales, graduated according to rank, race and
allowance.
nationality, of monthly allowances payable for the subsistence of judgment-
debtors.
Detention 58.(1) Every person detained in the civil prison in execution of a decree shall
and release.
be so detained,-
(a) where the decree is for the payment of a sum of money exceeding fifty
Taka, for a period of six months, and,
(b) in any other case for a period of six weeks:
Provided that he shall be released from such detention before the expiration
of the said period of six months or six weeks, as the case may be,-
(i) on the amount mentioned in the warrant for his detention being paid to the
officer in charge of the civil prison, or

(ii) on the decree against him being otherwise fully satisfied, or
(iii) on the request of the person on whose application he has been so
detained, or
(iv) on the omission by the person, on whose application he has been so
detained, to pay subsistence allowance:

Provided, also, that he shall not be released from such detention under
clause (ii) or clause (iii), without the order of the Court.

(2) A judgment-debtor released from detention under this section shall not
merely by reason of his release be discharged from his debt, but he shall not
be liable to be re-arrested under the decree in execution of which he was
detained in the civil prison.
Release on 59.(1) At any time after a warrant for the arrest of a judgment-debtor has
ground of
been issued the Court may cancel it on the ground of his serious illness.
illness.

(2) Where a judgment-debtor has been arrested, the Court may release him
if, in its opinion, he is not in a fit state of health to be detained in the civil
prison.
(3) Where a judgment-debtor has been committed to the civil prison, he may
be released therefrom-
(a) by the Government, on the ground of the existence of any infectious or
contagious disease, or
(b) by the committing Court, or any Court to which that Court is subordinate,
on the ground of his suffering from any serious illness.

(4) A judgment-debtor released under this section may be re-arrested, but
the period of his detention in the civil prison shall not in the aggregate exceed
that prescribed by section 58.
Attachment
Property 60.(1) The following property is liable to attachment and sale in execution of
liable to
a decree, namely, lands, houses or other buildings, goods, money, bank-
attachment
and sale in notes, cheques, bills of exchange, hundis, promissory notes, Government
execution of
securities, bonds or other securities for money, debts, shares in a corporation
decree.
and, save as hereinafter mentioned, all other saleable property, moveable or
immovable, belonging to the judgment-debtor, or over which, or the profits of

which, he has a disposing power which he may exercise for his own benefit,
whether the same be held in the name of the judgment-debtor or by another
person in trust for him or on his behalf: Provided that the following particulars
shall not be liable to such attachment or sale, namely:-
(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the
judgment-debtor, his wife and children, and such personal ornaments as, in
accordance with religious usage, cannot be parted with by any woman;
(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his
implements of husbandry and such cattle and seed-grain as may, in the

opinion of the Court, be necessary to enable him to earn his livelihood as
such, and such portion of agricultural produce or of any class of agricultural

produce as may have been declared to be free from liability under the
provisions of the next following section;
(c) houses and other buildings (with the materials and the sites thereof and
the land immediately appurtenant thereto and necessary for their enjoyment)
belonging to an agriculturist and occupied by him;
(d) books of account;
(e) a mere right to sue for damages;
(f) any right of personal service;
(g) stipends and gratuities allowed to pensioners of the Government, or
payable out of any service family pension fund notified in the official Gazette
by the Government or the Government in this behalf, and political pensions;
(h) the wages of labourers and domestic servants, whether payable in money
or in kind;
(i) salary to the extent of the first hundred Taka and one-half the remainder:
Provided that where such salary is the salary of a Servant of the [Republic]
33
or a servant of [the Railway] or local authority, and the whole or any part of
34
the portion of such salary liable to attachment has been under attachment,
whether continuously or intermittently for a total period of twenty-four months,
such portion shall be exempt from attachment until the expiry of a further
period of twelve months and, where such attachment has been made in
execution of one and the same decree, shall be finally exempt from
attachment in execution of that decree;
(j) the pay and allowances of persons to whom the [Army Act, 1952, Navy
35
Ordinance, 1961, or the Air Force Act, 1953,] applies;

(k) all compulsory deposits and other sums in or derived from any fund to
which the Provident Funds Act, 1925, for the time being applies in so far as
they are declared by the said Act not to be liable to attachment;

(l) any allowance forming part of the emoluments of any servant of the
36
[Republic] or of any servant of 37
[the Railway] or local authority which the
Government may by notification in the official Gazette declare to be exempt
from attachment, and any subsistence grant or allowance made to any such
servant while under suspension;

(m) an expectancy of succession by survivorship or other merely contingent
or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by any Bangladesh law to be exempt from liability
to attachment or sale in execution of a decree; and,

(p) where the judgment-debtor is a person liable for the payment of land-
revenue, any movable property which, under any law for the time being
applicable to him, is exempt from sale for the recovery of an arrear of such
revenue.
Explanation 1.-The particulars mentioned in clauses (g), (h), (i), (j), (l) and (o)
are exempt from attachment or sale whether before or after they are actually
payable, and in the case of salary other than salary of a servant of the
38
[Republic] or a servant of 39
[the Railway] or local authority the attachable
portion thereof is exempt from attachment until it is actually payable.
Explanation 2.-In clauses (h) and (i), "salary" means the total monthly
emoluments, excluding any allowance declared exempt from attachment

under the provisions of clause (l), derived by a person from his employment
whether on duty or on leave.
[* * *]
40
(2) Nothing in this section shall be deemed to exempt houses and other
buildings (with the materials and the sites thereof and the lands immediately
appurtenant thereto and necessary for their enjoyment) from attachment or
sale in execution of decrees for rent of any such house, building, site or land.
Partial
exemption
of
agricultural 61. The Government may, by general or special order published in the official
produce. Gazette, declare that such portion of agricultural produce, or of any class of
agricultural produce, as may appear to the Government to be necessary for
the purpose of providing until the next harvest for the due cultivation of the
land and for the support of the judgment-debtor and his family, shall, in the
case of all agriculturists or of any class of agriculturists, be exempted from
liability to attachment or sale in execution of a decree.
Seizure of 62.(1) No person executing any process under this Code directing or
property in
authorising seizure of movable property shall enter any dwelling-house after
dwelling-
house. sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless such
dwelling-house is in the occupancy of the judgment-debtor and he refuses or
in any way prevents access thereto, but when the person executing any such
process has duly gained access to any dwelling-house, he may break open
the door of any room in which he has reason to believe any such property to
be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman
who, according to the customs of the country, does not appear in public, the
person executing the process shall give notice to such woman that she is at
liberty to withdraw; and, after allowing reasonable time for her to withdraw
and giving her reasonable facility for withdrawing, he may enter such room
for the purpose of seizing the property, using at the same time every
precaution, consistent with these provisions, to prevent its clandestine
removal.
Property 63.(1) Where property not in the custody of any Court is under attachment in
attached in
execution of decrees of more Courts than one, the Court which shall receive
execution of
decrees of or realize such property and shall determine any claim thereto and any
several
objection to the attachment thereof shall be the Court of highest grade, or,
Courts.
where there is no difference in grade between such Courts, the Court under
whose decree the property was first attached.
(2) Nothing in this section shall be deemed to invalidate any proceeding
taken by a Court executing one of such decrees.
Private 64. Where an attachment has been made, any private transfer or delivery of
alienation of
the property attached or of any interest therein and any payment to the
property
after judgment-debtor of any debt, dividend or other monies contrary to such
attachment
attachment, shall be void as against all claims enforceable under the
to be void.
attachment.
Explanation.-For the purposes of this section, claims enforceable under an
attachment include claims for the rateable distribution of assets.
Sale
Purchaser's 65. Where immovable property is sold in execution of a decree and such sale
title
has become absolute, the property shall be deemed to have vested in the
purchaser from the time when the property is sold and not from the time
when the sale becomes absolute.
Suit against 66.(1) No suit shall be maintained against any person claiming title under a
purchaser
not purchase certified by the Court in such manner as may be prescribed on the
maintainable ground that the purchase was made on behalf of the plaintiff or on behalf of
on ground
some one through whom the plaintiff claims.
of purchase
being on (2) Nothing in this section shall bar a suit to obtain a declaration that the
behalf of
name of any purchaser certified as aforesaid was inserted in the certificate
plaintiff.
fraudulently or without the consent of the real purchaser, or interfere with the
right of a third person to proceed against that property, though ostensibly

sold to the certified purchaser, on the ground that it is liable to satisfy a claim
of such third person against the real owner.
Power for
Government
to make
67.(1) The Government may, by notification in the official Gazette, make
rules as to
sales of rules for any local area imposing conditions in respect of the sale of any
land in
class of interests in land in execution of decrees for the payment of money,
execution of
decrees for where such interests are so uncertain or undermined as, in the opinion of the
payment of Government, to make it impossible to fix their value.
money.
(2) When on the date on which this Code came into operation in any local
area, any special rules as to sale of land in execution of decrees were in

force therein, the Government may, by notification in the official Gazette,
declare such rules to be in force, or may, by a like notification, modify the
same.
Every notification issued in the exercise of the powers conferred by this sub-
section shall set out the rules so continued or modified.
Delegation to Collector of Power to Execute Decrees against Immovable Property
Power to 68. The Government may, declare, by notification in the official Gazette, that
prescribe
in any local area the execution of decrees in cases in which a Court has
rules for
transferring ordered any immovable property to be sold, or the execution of any particular
to Collector
kind of such decrees, or the execution of decrees ordering the sale of any
execution of
certain particular kind of, or interest in, immovable property, shall be transferred to
decrees. the Collector.
Provisions 69. The provisions set forth in the Third Schedule shall apply to all cases in
of Third
which the execution of a decree has been transferred under the last
Schedule to
apply. preceding section.
Rules of 70.(1) The Government may make rules consistent with the aforesaid
procedure.
provisions-
(a) for the transmission of the decree from the Court to the Collector, and for
regulating the procedure of the Collector and his subordinates in executing

the same, and for retransmitting the decree from the Collector to the Court;
(b) conferring upon the Collector or any gazetted subordinate of the Collector
all or any of the powers which the Court might exercise in the execution of
the decree if the execution thereof had not been transferred to the Collector;
(c) providing for orders made by the Collector or any gazetted subordinate of
the Collector, or orders made on appeal with respect to such orders, being
subject to appeal to, and revision by, superior revenue-authorities as nearly
as may be as the orders made by the Court, or orders made on appeal with
respect to such orders, would be subject to appeal to, and revision by,
appellate or revisional Courts under this Code or other law for the time being
in force if the decree had not been transferred to the Collector.
(2) A power conferred by rules made under sub-section (1) upon the collector
or any gazetted subordinate of the Collector, or upon any appellate or
revisional authority, shall not be exercisable by the Court or by any Court in

exercise of any appellate or revisional jurisdiction which it has with respect to
decrees or orders of the Court.
Collector 71. In executing a decree transferred to the Collector under section 68 the
deemed to
Collector and his subordinates shall be deemed to be acting judicially.
be acting
judicially.
Where Court 72.(1) Where in any local area in which no declaration under section 68 is in
may
force the property attached consists of land or of a share in land, and the
authorise
Collector to Collector represents to the Court that the public sale of the land or share is
stay public
objectionable and that satisfaction of the decree may be made within a
sale of land.
reasonable period by a temporary alienation of the land or share, the Court
may authorise the Collector to provide for such satisfaction in the manner
recommended by him instead of proceeding to a sale of the land or share.

(2) In every such case the provisions of sections 69 to 71 and of any rules
made in pursuance thereof shall apply so far as they are applicable.
Distribution of Assets
Proceeds of 73.(1) Where assets are held by a Court and more persons than one have,
execution-
before the receipt of such assets, made application to the Court for the
sale to be
rateably execution of decrees for the payment of money passed against the same
distributed
judgment-debtor and have not obtained satisfaction thereof, the assets, after
among
decree- deducting the costs of realization, shall be rateably distributed among all
holders. such persons:
Provided as follows:-
(a) where any property is sold subject to a mortgage or charge, the
mortgagee or incumbrancer shall not be entitled to share in any surplus

arising from such sale;
(b) where any property liable to be sold in execution of a decree is subject to
a mortgage or charge, the Court may, with the consent of the mortgagee or
incumbrancer, order that the property be sold free from the mortgage or
charge, giving to the mortgagee or incumbrancer the same interest in the
proceeds of the sale as he had in the property sold;
(c) where any immovable property is sold in execution of a decree ordering
its sale for the discharge of an incumbrance thereon, the proceeds of sale
shall be applied-
firstly, in defraying the expenses of the sale;
secondly, in discharging the amount due under the decree;
thirdly, in discharging the interest and principal monies due on subsequent
incumbrances (if any); and

fourthly, rateably among the holders of decrees for the payment of money
against the judgment-debtor, who have, prior to the sale of the property,
applied to the Court which passed the decree ordering such sale for
execution of such decrees, and have not obtained satisfaction thereof.

(2) Where all or any of the assets liable to be rateably distributed under this
section are paid to a person not entitled to receive the same, any person so
entitled may sue such person to compel him to refund the assets.
(3) Nothing in this section affects any right of the Government.
Resistance to Execution
Resistance 74. Where the Court is satisfied that the holder of a decree for the
to
possession of immovable property or that the purchaser of immovable
execution.
property sold in execution of a decree has been resisted or obstructed in
obtaining possession of the property by the judgment-debtor or some person
on his behalf and that such resistance or obstruction was without any just
cause, the Court may, at the instance of the decree-holder or purchaser,

order the judgment-debtor or such other person to be detained in the civil
prison for a term which may extend to thirty days and may further direct that
the decree-holder or purchaser be put into possession of the property.
PART III
INCIDENTAL PROCEEDINGS
Commissions
Power of 75. Subject to such conditions and limitations as may be prescribed, the
Court to
issue Court may issue a commission-
commissions. (a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition.
Letter of 77. In lieu of issuing a commission the Court may issue a letter of request to
request.
examine a witness residing at any place not within Bangladesh.
Commissions 78. Subject to such conditions and limitations as may be prescribed, the
issued by
provisions as to the execution and return of commissions for the examination
foreign of witnesses shall apply to commissions issued by or at the instance of-
Courts.
(a) Courts situate beyond the limits of Bangladesh and established or
continued by the authority of Government, or

[* * *]
41
(c) Courts of any State or country outside Bangladesh.
PART IV
SUITS IN PARTICULAR CASES
Suits by or against the Government or Public Officers in their official capacity
Suits by or 79. In a suit by or against the Government the authority to 79. In a suit by or
against the
against the Government the authority to be named as plaintiff or defendant,
Government.
as the case may be, 42[shall be Bangladesh]-
[* * *]
43
Notice 80.(1) A suit may be instituted against the Government or against a public
officer, in respect of any act purporting to be done by such public officer in his
official capacity, after the expiration of two months next after notice in writing
has been delivered to or left at the office of,-
[* * *]
44
(b)(i) in the case of a suit against the Government other than a suit relating to
the affairs of [the Railway], a Secretary to

45 [the Government] or the
46
Collector of the District; and
(ii) in the case of a suit against the Government relating to the affairs of 47[the
Railway], the General Manager of the Railway 48[* * *],

and in the case of a public officer, delivered to him or left at his office stating
the cause of action, the name, description of place of residence of the

plaintiff and the relief which he claims; and the plaint shall contain a
statement that such notice has been so delivered or left.
(2) Where any such suit is instituted without delivering or leaving such notice
as aforesaid or before the expiration of the said period of two months or
where the plaint does not contain a statement that such notice has been so
delivered or left, the plaintiff shall not be entitled to any costs if settlement as
regards the subject-matter of the suit is reached or the Government or the
public officer concedes the plaintiff's claim, within the period of two months
from the date of the institution of the suit:

Provided that in a suit instituted without such notice, the Court shall allow not
less than three months to the Government to submit its written statement.
Exemption 81. In a suit instituted against a public officer in respect of any act purporting
from arrest
to be done by him in his official capacity-
and
personal (a) the defendant shall not be liable to arrest nor his property to attachment
appearance.
otherwise than in execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent himself from
his duty without detriment to the public service, it shall exempt him from
appearing in person.
Execution of 82.(1) Where the decree is against the Government or against a public officer
decree.
in respect of any such act as aforesaid, a time shall be specified in the
decree within which it shall be satisfied; and, if the decree is not satisfied
within the time so specified, the Court shall report the case for the orders of
the Government.
(2) Execution shall not be issued on any such decree unless it remains
unsatisfied for the period of three months computed from the date of such
report.
Suits by Aliens and by or against foreign Rulers, Ambassadors and Envoys
When aliens 83.(1) Alien enemies residing in Bangladesh with the permission of the
may sue.
Government, and alien friends, may sue in the Courts in 49[Bangladesh], as if
they were citizens of 50[Bangladesh].

(2) No alien enemy residing in Bangladesh without such permission, or

residing in a foreign country, shall sue in any of such Courts.
Explanation.-Every person residing in a foreign country the Government of
which is at war with, or engaged in military operations against, Bangladesh,
and carrying on business in that country without a license in that behalf under
the hand of a Secretary to the Government shall, for the purpose of sub-
section (2), be deemed to be an alien enemy residing in a foreign country.
When 84.(1) A foreign State may sue in any Court in 51[Bangladesh]:

foreign
Provided that such State has been recognized by the Government:
States may
sue. Provided, also, that the object of the suit is to enforce a private right vested in
the head of such State or in any officer of such State in his public capacity.
(2) Every Court shall take judicial notice of the fact that a foreign State has or
has not been recognized by the Government.
Persons 85.(1) Persons specially appointed by order of the Government at the

specially
appointed request of the Ruler of any foreign State, or at the request of any person
by competent, in the opinion of the Government, to act on behalf of such Ruler,
Government
to prosecute or defend any suit on his behalf, shall be deemed to be the
to prosecute
or defend recognized agents by whom appearances, acts and applications under this
for Rules of Code may be made or done on behalf of such Ruler.
foreign
(2) An appointment under this section may be made for the purpose of a
States.
specified suit or of several specified suits, or for the purpose of all such suits
as it may from time to time be necessary to prosecute or defend on behalf of
the Ruler.
(3) A person appointed under this section may authorise or appoint persons
to make appearances and applications and do acts in any such suit or suits
as if he were himself a party thereto.
Suits 52
[86.(1) Any Ruler of foreign State may, with the consent of the Government,
against
certified by the signature of a Secretary to that Government but not without
Rulers.
such consent, be sued in any competent Court.

(2) Such consent may be given with respect to a specified suit or to several
specified suits or with respect to all suits of any specified class or classes,
and may specify, in the case of any suit or class of suits, the Court in which
the Ruler may be sued; but it shall not be given unless it appears to the
consenting authority that the Ruler
(a) has instituted a suit in the Court against the person desiring to sue him, or
(b) by himself or another trades within the local limits of the jurisdiction of the
Court, or
(c) is in possession of immovable property situated within those limits and is
to be sued with reference to such property or for money charged thereon.

(3) No such Ruler shall be arrested under this Code, and, except with the
consent of the Government certified as aforesaid, on decree shall be
executed against the property of any such Ruler.

(4) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws

(5) A person may, as a tenant of immovable property, sue, without such
consent as is mentioned in this section, a Ruler from whom he holds or
claims to hold the property.
Suits 86A.(1) No proceeding in any Court shall lie against a diplomatic agent
against
except in a case relating to-
diplomatic
agents. (a) any private immovable property situated in Bangladesh held by him in his
private capacity and not on behalf of the sending State for the purpose of the
mission;
(b) a succession in which the diplomatic agent is involved as executor,
administrator, heir or legatee as a private person and not on behalf of the

sending State;
(c) any professional or commercial activity exercised by the diplomatic agent
in Bangladesh outside his official functions.
(2) No measures of execution shall be taken in respect of a diplomatic agent
except in cases which come under clauses (a), (b) and (c) of sub-section (1)
and in which such measures can be taken without infringing the inviolability
of his person or of his residence.
(3) The initiation of any proceedings in a Court by a diplomatic agent shall
preclude him from invoking immunity from jurisdiction under this section in
respect of any counter-claim directly connected with the principal claim.
(4) The immunity of a diplomatic agent under sub- (4) The immunity of a
diplomatic agent under sub-section (1) or sub-section (2) may be waived by

the sending State; and any such waiver shall be express.
(5) Waiver of immunity in respect of any proceedings shall not be held to
imply waiver of immunity in respect of any measure of execution for which a
separate waiver shall be necessary.

(6) In this section, 'diplomatic agent' in relation to a State means the head of
the mission in Bangladesh of that State and includes a member of the staff of
that mission having diplomatic rank.]

Style of 87. The Ruler of a foreign State may sue, and shall be sued, in the name of
Rulers as
his State:
parties to
suits. Provided that in giving the consent referred to in the foregoing section the
Government, or the Government, as the case may be, may direct that any
such Ruler shall be sued in the name of an agent or in any other name.
[Suits Against Rulers of Acceding and Merged States
[Omitted] 87A. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]]
Interpleader
Where 88. Where two or more persons claim adversely to one another the same
interpleader
debt, sum of money or other property, movable or immovable, from another
suit may be person, who claims no interest therein other than for charges or costs and
instituted.
who is ready to pay or deliver it to the rightful claimant, such other person
may institute a suit of interpleader against all the claimants for the purpose of
obtaining a decision as to the person to whom the payment or delivery shall
be made and of obtaining indemnity for himself:

Provided that where any suit is pending in which the rights of all parties can
properly be decided, no such suit of interpleader shall be instituted.
PART V
SPECIAL PROCEEDINGS
[ALTERNATIVE DISPUTE RESOLUTION]
[Omitted] 89. [Omitted by section 49 and Third Schedule of the Arbitration Act, 1940
(Act No. X of 1940).]
Mediation 53[89A.(1) Except in a suit under the [Artha Rin Adalat Ain, 2003 (Act No. 8
54
of 2003)], after filing of written statement, if all the contesting parties are in
attendance in the Court in person or by their respective pleaders, 55[the Court
shall], by adjourning the hearing, mediate in order to settle the dispute or
disputes in the suit, or refer the dispute or disputes in the suit 56[to the
concerned Legal Aid Officer appointed under the Legal Aid Act, 2000 (Act
No. 6 of 2000), or] to the engaged pleaders of the parties, or to the party or
parties, where no pleader or pleaders have been engaged, or to a mediator
from the panel as may be prepared by the District Judge under sub-section
(10), for undertaking efforts for settlement through mediation. 57[***}
(2) When the reference under sub-section (1) is made through the pleaders,
the pleaders shall, by their mutual agreement in consultation with their

respective clients, appoint another pleader, not engaged by the parties in the
suit, or a retired judge, or a mediator from the panel as may be prepared by

the District Judge under sub-section (10), or any other person whom they
may seem to be suitable, to act as a mediator for settlement: Provided that,
nothing in this sub-section shall be deemed to prohibit appointment of more

than one person to act as mediator:
Provided further that, a person holding an office of profit in the service of the
Republic shall not be eligible for appointment as mediator.
[(3) While referring a dispute or disputes in the suit for mediation under sub-
58
section (1), it shall be for the pleaders, their respective clients and the
mediator to mutually agree on and determine the fees and the procedure to
be followed for the purpose of settlement through mediation; and when the
Court 59[ or Legal Aid Officer] shall mediate, it shall determine the procedure
to be followed, and shall not charge any fee for mediation:
Provided that if the pleaders, their respective clients and the mediator fail to
determine the fees, the Court shall fix the fees and the fees so fixed shall be
binding upon the parties.]

[(4) Within ten days from the date of reference under sub-section (1), the
60
parties shall inform the Court in writing whom they have appointed as
mediator, and if the parties fail to appoint the mediator during this time, the
Court shall, within seven days, appoint a mediator from the panel as
mentioned in sub-section (10) and the mediation under this section shall be
concluded within 60 (sixty) days from the day on which the Court is so
informed, [or the dispute or disputes are referred to Legal Aid Officer, or a
61
mediator is appointed by the Court], as the case may be, unless the Court of
its own motion or upon a joint prayer of the parties, extends the time for a
further period of not exceeding 30 (thirty) days.]
[(5) The
62 63
[ Legal Aid Officer or mediator, as the case may be,] shall,
without violating the confidentiality of the parties to the mediation
proceedings, submit to the court a report of result of the mediation
proceedings; and if the result is of compromise of the dispute or disputes in
the suit, the terms of such compromise shall be reduced into writing in the
form of an agreement, bearing signatures or left thumb impressions of the

parties as executants, and signatures of the pleaders, if any, and the 64[
Legal Aid Officer or mediator, as the case may be,] as witnesses; and the
Court shall, within seven days from receiving the said report, pass an order
or a decree in accordance with relevant provisions of Order XXIII of the
Code.]
(6) When the Court itself mediates, it shall [prepare a report and pass an
65
order in the manner] to that as stated in sub-section (5).

(7) When the mediation fails to produce any compromise, the Court shall,
subject to the provision of sub-section (9), proceed with hearing of the suit
from the stage at which the suit stood before the decision to mediate or
reference for mediation under sub-section (1), and in accordance with
provisions of the Code in a manner as if there had been no decision to
mediate or reference for mediation as aforesaid.
(8) The proceedings of mediation under this section shall be confidential and
any communication made, evidence adduced, admission, statement or

comment made and conversation held between the parties, their pleaders,
representatives [, Legal Aid Officer] and the mediator, shall be deemed

66
privileged and shall not be referred to and admissible in evidence in any

subsequent hearing of the same suit or any other proceeding.
(9) When a mediation initiative led by the Court itself fails to resolve the
dispute or disputes in the suit, the same court shall not hear the suit, if the
Court continues to be presided by the same judge who led the mediation
initiative; and in that instance, the suit shall be heard by another court of
competent jurisdiction.
(10) For the purposes of this section, the District Judge shall, in consultation
with the President of the District Bar Association, prepare a panel of

mediators (to be updated from time to time) consisting of pleaders, retired
judges, persons known to be trained in the art of dispute resolution, and such
other person or persons, except persons holding office of profit in the service
of the Republic, as may be deemed appropriate for the purpose, and shall
inform all the Civil Courts under his administrative jurisdiction about the
panel:
Provided that, a mediator under this sub-section, shall not act as a mediator
between the parties, if he had ever been engaged by either of the parties as
a pleader in any suit in any Court.

(11) Notwithstanding anything contained in the Court-fees Act, 1870 (Act No.
VII of 1870), where a dispute or disputes in a suit are settled on compromise

under this section, the Court shall issue a certificate directing refund of the
court fees paid by the parties in respect of the plaint or written statement; and
the parties shall be entitled to such refund within 60 (sixty) days of the
issuance of the certificate.
(12) No appeal or revision shall lie against any order or decree passed by the
Court in pursuance of settlement between the parties under this section.

(13) Nothing in this section shall be deemed to otherwise limit the option of
the parties regarding withdrawal, adjustment and compromise of the suit

under Order XXIII of the Code.
Explanation-(1) "Mediation" under this section shall mean flexible, informal,
non-binding, confidential, non-adversarial and consensual dispute resolution

process in which the mediator shall facilitate compromise of disputes in the
suit between the parties without directing or dictating the terms of such
compromise.
(2) "Compromise" under this section shall include also compromise in part of
the disputes in the suit.
Arbitration 89B.(1) If the parties to a suit, at any stage of the proceeding, apply to the
Court for withdrawal of the suit on ground that they will refer the dispute or
disputes in the suit to arbitration for settlement, the Court shall allow the
application and permit the suit to be withdrawn; and the dispute or disputes,
thereafter, shall be settled in accordance with Salish Ain, 2001 (Act No. 1 of
2001) so far as may be applicable:
Provided that, if, for any reason, the arbitration proceeding referred to above
does not take place or an arbitral award is not given, the parties shall be
entitled to re-institute the suit permitted to be withdrawn under this sub-
section.
(2) An application under sub-section (1) shall be deemed to be an arbitration
agreement under section 9 of the Salish Ain, 2001 (Act No. 1 of 2001).]
Mediation in 67[89C.(1) An Appellate Court 68 [shall] mediate in an appeal or refer the

Appeal.
appeal for mediation in order to settle the dispute or disputes in that appeal, if
the appeal is an appeal from original decree under Order XLI, and is between
the same parties who contested in the original suit or the parties who have
been substituted for the original contesting parties.
[(2) In mediation under sub-section (1), the provisions of section 89A shall
69
be followed with necessary changes (mutatis mutandis) as may be

expedient.]]
Special 70[89D. The Contesting parties to a suit or of an appeal, pending in any Court
provisions
for before the commencement of the Code of Civil Procedure (Amendment) Act,
mediation 2012, may by filing an application stating their willingness to settle the
dispute through mediation, such suit or appeal shall be disposed of in
accordance with the provision of section 89A or 89C.
Application 89E. (1) The provision of section 89A or 89C shall be, applied to such area,
and
commencement and commenced on such date, as the government may, by notification in the
of the official Gazette, fix.
provisions
(2) Where any mediation process for settlement of dispute in respect of any
of sections
89A and 89C suit or appeal is pending under section 89A or 89C before the
commencement of the Code of Civil Procedure (Amendment) Act, 2012,
such mediation shall continue as if the provision of section 89A or 89C were
not amended by the Code of Civil Procedure (Amendment) Act, 2012.]
Special Case
Power to 90. Where any persons agree in writing to state a case for the opinion of the
state case
Court, then the Court shall try and determine the same in the manner
for opinion
of Court. prescribed.
Suits relating to Public Matters
Public 91.(1) In the case of a public nuisance the [Attorney General], or two or
71
nuisances
more persons having obtained the consent in writing of the 72
[Attorney
General], may institute a suit, though no special damage has been caused,
for a declaration and injunction or for such other relief as may be appropriate
to the circumstances of the case.

(2) Nothing in this section shall be deemed to limit or otherwise affect any
right of suit which may exist independently of its provisions.
Public 92.(1) In the case of any alleged breach of any express or constructive trust
charities
created for public purposes of a charitable or religious nature, or where the
direction of the Court is deemed necessary for the administration of any such
trust, the [Attorney General], or two or more persons having an interest in
73
the trust and having obtained the consent in writing of the 74[Attorney
General], may institute a suit, whether contentious or not, in the principal Civil
Court of original jurisdiction or in any other Court empowered in that behalf
by the Government within the local limits of whose jurisdiction the whole or
any part of the subject-matter of the trust is situate, to obtain a decree-
(a) removing any trustee;
(b) appointing a new trustee;
(c) vesting any property in a trustee;
(d) directing accounts and inquiries;
(e) declaring what proportion of the trust-property or of the interest therein
shall be allocated to any particular object of the trust;

(f) authorising the whole or any part of the trust- property to be let, sold,
mortgaged or exchanged;
(g) setting a scheme; or
(h) granting such further or other relief as the nature of the case may require.
(2) Save as provided by the Religious Endowments Act, 1863 (XX of 1863),
no suit claiming any of the reliefs specified in sub-section (1) shall be

instituted in respect of any such trust as is therein referred to except in
conformity with the provisions of that sub-section.
Exercise of 93. The powers conferred by sections 91 and 92 on the Attorney General
powers of
may, be, with the previous sanction of the Government, exercised also by the
Attorney
General. Collector or by such officer as the Government may appoint in this behalf.
PART VI
SUPPLEMENTAL PROCEEDINGS
Supplemental 94. In order to prevent the ends of justice from being defeated the Court may,
proceedings
if it is so prescribed,-
(a) issue a warrant to arrest the defendant and bring him before the Court to
show cause why he should not give security for his appearance, and if he
fails to comply with any order for security commit him to the civil prison;
(b) direct the defendant to furnish security to produce any property belonging
to him and to place the same at the disposal of the Court or order the
attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit the
person guilty thereof to the civil prison and order that his property be
attached and sold;
(d) appoint a receiver of any property and enforce the performance of his
duties by attaching and selling his property;
(e) make such other interlocutory orders as may appear to the Court to be
just and convenient.
Compensation 95.(1) Where, in any suit in which an arrest or attachment has been effected
for
or a temporary injunction granted under the last proceeding section,-
obtaining
arrest, (a) it appears to the Court that such arrest, attachment or injunction was
attachment
applied for on insufficient grounds, or
or
injunction (b) the suit of the plaintiff fails and it appears to the Court that there was no
on
reasonable or probable ground for instituting the same,
insufficient
grounds. the defendant may apply to the Court, and the Court may, upon such
application, award against the plaintiff by its order such amount, not
exceeding 75[ten thousand] Taka, as it deems a reasonable compensation to
the defendant for the expense or injury caused to him:
Provided that a Court shall not award, under this section, an amount
exceeding the limits of its pecuniary jurisdiction.

(2) An order determining any such application shall bar any suit for
compensation in respect of such arrest, attachment or injunction.
PART VII
APPEALS
Appeals From Original Decrees
Appeal from 96.(1) Save where otherwise expressly provided in the body of this Code
original
or by any other law for the time being in force, an appeal shall lie from every
decree.
decree passed by any Court exercising original jurisdiction to the Court
authorised to hear appeals from the decisions of such Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of
parties.
Appeal from 97. Where any party aggrieved by a preliminary decree passed after the
final decree
commencement of this Code does not appeal from such decree, he shall be
where no
appeal from
preliminary precluded from disputing its correctness in any appeal which may be
decree.
preferred from the final decree.
Decision 98.(1) Where an appeal is heard by a Bench of two or more Judges, the
where
appeal shall be decided in accordance with the opinion of such Judges or of
appeal
heard by the majority (if any) of such Judges.
two or more
(2) Where there is no such majority which concurs in a judgment varying or
Judges.
reversing the decree appealed from, such decree shall be confirmed:
Provided that where the Bench hearing the appeal is composed of two
Judges belonging to a Court consisting of more than two Judges, and the
Judges composing the Bench differ in opinion on a point of law, they may
state the point of law upon which they differ and the appeal shall then be
heard upon that point only by one or more of the other Judges, and such
point shall be decided according to the opinion of the majority (if any) of the
Judges who have heard the appeal, including those who first heard it.
(3) Nothing in this section shall be deemed to alter or otherwise affect any
provision of the letters patent of High Court Division.
No decree 99. No decree shall be reserved or substantially varied, nor shall any case be
to be
remanded, in appeal on account of any misjoinder of parties or causes of
reversed or
modified for action or any error, defect or irregularity in any proceedings in the suit, not
error or
affecting the merits of the case or the jurisdiction of the Court.
irregularity
not affecting
merits or
jurisdiction.
Appeals from Appellate Decrees
[Omitted] 100-103. [Omitted by section 2 and Schedule of the Law Reforms Ordinance,
1978 (Ordinance No. XLIX of 1978).]
Appeals from Orders
Orders from 104.(1) An appeal shall lie from the following orders, and save as otherwise
which
expressly provided in the body of this Code or by any law for the time being
appeal lies.
in force, from no other orders:
[* * *]
76
[(ff) an order under section 35A;]

77
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or
directing the arrest or detention in the civil prison of any person except where
such arrest or detention is in execution of a decree;

(i) any order made under rules from which an appeal is expressly allowed by
rules:
Provided that no appeal shall lie against any order specified in clause (ff)
save on the ground that no order, or an order for the payment of a less
amount, ought to have been made.
(2) No appeal shall lie from any order passed in appeal under this section.
Other 105.(1) Save as otherwise expressly provided, no appeal shall lie from any
orders
order made by a Court in the exercise of its original or appellate jurisdiction;
but, where a decree is appealed from, any error, defect or irregularity in any
order, affecting the decision of the case, may be set forth as a ground of
objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where any party
aggrieved by an order of remand made after the commencement of this

Code from which an appeal lies does not appeal therefrom, he shall
thereafter be precluded from disputing its correctness.
What Courts 106. Where an appeal from any order is allowed it shall lie to the Court to
to hear
which an appeal would lie from the decree in the suit in which such order was
appeals.
made, or where such order is made by a Court not being the High Court
Division in the exercise of appellate jurisdiction, then to the High Court

Division.
General Provisions relating to Appeals
Powers of 107. (1) Subject to such conditions and limitations as may be prescribed, an
Appellate
Appellate Court shall have power-
Court.
(a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them for trial;
(d) to take additional evidence or to require such evidence to be taken.
(2) Subject as aforesaid, the appellate Court shall have the same powers and
shall perform as nearly as may be the same duties as are conferred and
imposed by this Code on Courts of original jurisdiction in respect of suits
instituted therein.
Procedure 108. The provisions of this Part relating to appeals from original decrees
in appeals
shall, so far as may be, apply to appeals-
from
appellate (a) from appellate decrees, and
decrees and
(b) from orders made under this Code or under any special 78
[* * *] law in
orders.
which a different procedure is not provided.
[Appeals to the Appellate Division]
When 109. Subject to such rules as may, from time to time, be made by the
appeals lie
Supreme Court regarding appeals from the Courts of Bangladesh, and to the
to the
Supreme provisions hereinafter contained, an appeal shall lie to the [Appellate
79
Court.
Division]
(a) from any Judgment, decree or final order passed on appeal by the High
Court Division or by any other Court of final appellate jurisdiction;

(b) from any Judgment, decree or final order passed by the High Court
Division in the exercise of original civil jurisdiction; and
(c) from any Judgment, decree or final order, when the case, as hereinafter
provided, is certified to be a fit one for appeal to the 80[Appellate Division].
Value of 110. In each of the cases mentioned in clauses (a) and (b) of section 109, the
subject-
matter. amount or value of the subject-matter of the suit in the Court of first instance
must be twenty thousand Taka or upwards, and the amount or value of the
subject-matter of the suit in the Court of first instance must be twenty
thousand Taka or upwards, and the amount or value of the subject-matter in
dispute on appeal to the 81 [Appellate Division] must be the same sum or
upwards,
or the Judgment, decree or final order must involve, directly or indirectly,
some claim or question to or respecting property of like amount or value,

and where the Judgment, decree or final order appealed from affirms the
decision of the Court immediately below the Court passing such Judgment,
decree or final order, the appeal must involve some substantial question of
law.
Bar of 111. Notwithstanding anything contained in section 109, no appeal shall lie to
certain
the 82[Appellate Division]-
appeals.
(a) from the decree or order of one Judge of the High Court Division, or of
one Judge of a Division Court, or of two or more Judges of High Court
Division, or of a Division Court constituted by two or more Judges of High

Court Division, where such Judges are equally divided in opinion and do not
amount in number to a majority of the whole of the Judges of the High Court
Division at the time being; or
[* * *]
83
111A 111A. [Omitted by section 2 of the Federal Court Act, 1941 (Act No. XXI of
[Omitted]
1941).]
Savings 112.(1) Nothing contained in this Code shall be deemed-

(a) to affect the powers of the 84 [Appellate Division under article 103 of the
Constitution of the People's Republic of Bangladesh] or any other provision
of that Constitution; or
(b) to interfere with any rules made by the Supreme Court, and for the time
being in force, for the presentation of appeals [to the Appellate Division], or
85
their conduct 86[before that Division].

(2) Nothing herein contained applies to any matter of criminal or admiralty or
vice-admiralty jurisdiction, or to appeals from orders and decrees of Prize

Courts.
PART VIII
REFERENCE, REVIEW AND REVISION
Reference 113. Subject to such conditions and limitations as may be prescribed, any
of High
Court Court may state a case and refer the same for the opinion of the High Court
Division. Division, and the High Court Division may make such order thereon as it
thinks fit.
Review 114. Subject as aforesaid, any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed by this Code, but
from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes
may apply for a view of judgment to the Court which passed the decree or
made the order, and the Court may make such order thereon as it thinks fit.
Revision 87[115.(1) The High Court Division may, on the application of any party
aggrieved, call for the record of any suit or proceedings, in which a decree or
an order has been passed by a Court of District Judge or Additional District
Judge, or a decree has been passed by a Court of Joint District Judge,
Senior Assistant Judge or Assistant Judge, from which no appeal lies; and if
such Court appears to have committed any error of law resulting in an error
in such decree or order occasioning failure of justice, the High Court Division
may, revise such decree or order and, make such order in the suit or
proceedings, as it thinks fit.

(2) The Court of District Judge may, on the application of any party
aggrieved, call for the record of any suit or proceeding, in which an order has
been passed by a Court of Joint District Judge, Senior Assistant Judge or
Assistant Judge, from which no appeals lies; and if such Court appears to
have committed any error of law resulting in an error in such order

occasioning failure of justice, the Court of District Judge may, revise such
order and, make such order as it thinks fit.
(3) A Court of Additional District Judge shall have all the powers of the
District Judge under sub-section (2) in respect of revision case which may be
transferred to it by the District Judge.
(4) An application to the High Court Division for revision of an order of the
District Judge or, Additional District Judge, as the case may be, made under
sub-section (2) or (3) shall lie, where the High Court Division grants leave for
revision on an (4) An application to the High Court Division for revision of an
order of the District Judge or, Additional District Judge, as the case may be,
made under sub-section (2) or (3) shall lie, where the High Court Division
grants leave for revision on an error of an important question of law resulting
in erroneous decision occasioning failure of justice, and the High Court
Division may make such order in the suit or proceeding as it thinks fit.
(5) Notwithstanding the substitution of this section, any proceeding
commenced and pending under section 115 prior to such substitution shall
be disposed of in such manner as if section 115 has not been substituted.]
PART IX
SPECIAL PROVISIONS RELATING TO HIGH COURT DIVISION
Part to 116. This Part applies only to High Court Division.

apply only
to certain
High Court
Division.
Application 117. Save as provided in this Part or in Part X or in rules, the provisions of
of Code to
this Code shall apply to High Court Division.
High Court
Division.
Execution of 118. Where any High Court Division considers it necessary that a decree
decree
before passed in the exercise of its original civil jurisdiction should be executed
ascertainment before the amount of the costs incurred in the suit can be ascertained by
of costs.
taxation, the Court may order that the decree shall be executed forthwith,
except as to so much thereof as relates to the costs;
and, as to so much thereof as relates to the costs, that the decree may be
executed as soon as the amount of the costs shall be ascertained by

taxation.
Unauthorised 119. Nothing in this Code shall be deemed to authorise any person on behalf
persons not
to Address of another to address the Court in the exercise of its original civil jurisdiction,
Court. or to examine witnesses, except where the Court shall have in the exercise
of the power conferred by its charter authorised him so to do, or to interfere
with the power of the High Court Division to make rules concerning
advocates 88[* **].
Provisions 120.(1) The following provisions shall not apply to the High Court Division in
not
the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20.
applicable
to High
Court
Division in
original civil
jurisdiction.
PART X
RULES
Effect of 121. The rules in the First Schedule shall have effect as if enacted in the
rules in First
body of this Code until annulled or altered in accordance with the provisions
Schedule.
of this Part.
Power of 89[122. The Supreme Court may, from time to time after previous publication,
Supreme
make rules regulating the procedure of each Division of the Supreme Court
Court to
make rules. and the procedure of Civil Courts subject to its Superintendence and may by
such rules annul, alter or add to all or any of the rules in the First Schedule.]
Constitution 123.(1) A Committee, to be called the Rule Committee, shall be constituted

of Rule
Committees.
90[for the purpose] referred to in section 122.
[(2) Such Committee shall consist of the following persons, namely:-
91
(a) three Judges of the Supreme Court, one of whom at least has served as
a District Judge for three years;

(b) two advocates parctising in that Court; and
(c) a Judge of a Civil Court subordinate to the High Court Division.]
(3) The members of 92 [* * *] such Committee shall be appointed by the Chief

Justice, who shall also nominate one of their number to be president:
Provided that, if the Chief Justice elects to be himself a member of [the
93
Committee], the number of other Judges appointed to be members shall be

two, and the Chief Justice shall be the President of the Committee.
(4) Each member of 94 [such committee] shall hold office for such period as
may be prescribed by the Chief Justice in this behalf; and whenever any
member retires, resigns, dies 95 [* * *] or becomes incapable of acting as a
member of the Committee, the said Chief Justice may appoint another
person to be a member in his stead.
(5) There shall be a Secretary to [* * *] such Committee, who shall be
96
appointed by the Chief Justice and shall receive such remuneration as may
be provided in this behalf by the Government.
Committee 124. 97[The] Rule Committee shall make a report to the 98[Supreme Court] 99[*
to report to
**] on any proposal to annul, alter or add to the rules in the First Schedule or
Supreme
Court. to make new rules, and before making any rules under section 122 the
[Supreme Court] shall take such report into consideration.
[Omitted] 125. [Omitted by section 3 and 2nd Schedule of the Central Laws (Statute
Reform) Ordinance, 1960 (Ordinance No. XXI of 1960).]
Rules to be 100 [126. Rules made under the foregoing provisions shall be subject to the
subject to
approval. previous approval of the President.].
Publication 127. Rules so made and approved shall be published in the official Gazette,
of rules.
and shall from the date of publication or from such other date as may be
specified have the same force and effect [* * *] as if they had been
101
contained in the First Schedule.
Matters for 128.(1) Such rules shall be not inconsistent with the provisions in the body of
which rules
may this Code, but, subject thereto, may provide for any matters relating to the
provide. procedure of Civil Courts.
(2) In particular, and without prejudice to the generality of the powers
conferred by sub-section (1), such rules may provide for all or any of the
following matters, namely;-
(a) the service of summonses, notices and other processes by post or in any
other manner either generally or in any specified areas, and the proof of such
service;
(b) the maintenance and custody, while under attachment, of live-stock and
other movable property, the fees payable for such maintenance and custody,
the sale of such live-stock and property, and the proceeds of such sale;
(c) procedure in suits by way of counterclaim, and the valuation of such suits
for the purposes of jurisdiction;
(d) procedure in garnishee and charging orders either in addition to, or in

substitution for, the attachment and sale of debts;
(e) procedure where the defendant claims to be entitled to contribution or
indemnity over against any person whether a party to the suit or not;
(f) summary procedure-
(i) in suits in which the plaintiff seeks only to recover a debt or liquidated
demand in money payable by the defendant, with or without interest, arising-

on a contract express or implied; or
on an enactment where the sum sought to be recovered is a fixed sum of
money or in the nature of a debt other than a penalty; or

on a guarantee, where the claim against the principal is in respect of a debt
or a liquidated demand only; or
on a trust; or
.
(ii) in suits for the recovery of immovable property, with or without a
claim for rent or mesne profits, by a landlord against a tenant whose term
has expired or has been duly determined by notice to quit, or has become
liable to forfeiture for non-payment of rent, or against persons claiming under
such tenant;
(g) procedure by way of originating summons;
(h) consolidation of suits, appeals and other proceedings;
(i) delegation to any Registrar, Prothonotary or master or other official of the
Court of any judicial, quasi-judicial and non-judicial duties; and

(j) all forms, registers, books, entries and accounts which may be necessary
or desirable for the transaction of the business of Civil Courts.
[Omitted]
130. [Omitted by Article 2 and Schedule of the Central Laws (Adaptation)

Order, 1961.]
PART XI
MISCELLANEOUS
Exemption 132.(1) Women who, according to the customs and manners of the country,
of certain
ought not to be compelled to appear in public shall be exempt from personal
women from
personal appearance in Court.
appearance.
(2) Nothing herein contained shall be deemed to exempt such women from
arrest in execution of civil process in any case in which the arrest of women
is not prohibited by this Code.
Exemption 133.(1) The Government may, by notification in the official Gazette, exempt
of other
from personal appearance in Court any person whose rank, in the opinion of
persons.
102 [the Government], entitles him to the privilege of exemption.
(2) The names and residences of the persons so exempted shall, from time
to time, be forwarded to the High Court Division by the Government and a list
of such persons shall be kept in such Court, and a list of such persons as
reside within the local limits of the jurisdiction of each Court subordinate to
the High Court Division shall be kept in such subordinate Court.
(3) Where any person so exempted claims the privilege of such exemption,
and it is consequently necessary to examine him by commission, he shall

pay the costs of that commission, unless the party requiring his evidence
pays such costs.
Arrest other 134. The provisions of sections 55, 57 and 59 shall apply, so far as may be,
than in
to all persons arrested under this Code.
execution of
decree.
Exemption 135.(1) No Judge, Magistrate or other judicial officer shall be liable to arrest
from arrest
under civil process while going to, presiding in, or returning from, his Court.
under civil
process. (2) Where any matter is pending before a tribunal having jurisdiction therein,
or believing in good faith that it has such jurisdiction, the parties thereto, their
pleaders, mukhtars, revenue-agents and recognised agents, and their

witnesses acting in obedience to a summons, shall be exempt from arrest
under civil process other than process issued by such tribunal for contempt
of Court while going to or attending such tribunal for the purpose of such
matter, and while returning from such tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim
exemption from arrest under an order for immediate execution or where such
judgment-debtor attends to show cause why he should not be committed to
prison in execution of a decree.
Exemption 103 [135A.(1) No person shall be liable to arrest or detention in prison under
of members
of civil process-
legislative (a) if he is a member of 104[Parliament] during the continuance of any meeting
bodies from
of 105[Parliament];
arrest and
detention (b) if he is a member of any committee of [Parliament], during the
106
under civil
continuance of any meeting of such committee;
process.
and during the fourteen days before and after such meeting or sitting.
(2) A person released from detention under sub-section (1) shall, subject to
the provisions of the said sub-section, be liable to re-arrest and to the further
detention to which he would have been liable if he had not been released
under the provisions of sub-section (1).]
Procedure 136.(1) Where an application is made that any person shall be arrested or
where
that any property shall be attached under any provision of this Code not
person to be
arrested or relating to the execution of decrees, and such person resides or such
property to
property is situate outside the local limits of the jurisdiction of the Court to
be attached
is outside which the application is made, the Court may, in its discretion, issue a
district.
warrant of arrest or make an order of attachment, and send to the District
Court within the local limits of whose jurisdiction such person or property
resides or is situate a copy of the warrant or order, together with the probable
amount of the costs of the arrest or attachment.

(2) The District Court shall, on receipt of such copy and amount, cause the
arrest or attachment to be made by its own officers, or by a Court

subordinate to itself, and shall inform the Court which issued or made such
warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person
arrested to the Court by which the warrant of arrest was issued, unless he
shows cause to the satisfaction of the former Court why he should not be
sent to the latter Court, or unless he furnishes sufficient security for his
appearance before the latter Court or for satisfying any decree that may be
passed against him by that Court, in either of which cases the Court making
the arrest shall release him.
Language of 137.(1) The language which, on the commencement of this Code, is the
subordinate
language of any Court subordinate to the High Court Division shall continue
Courts.
to be the language of such subordinate Court until the Government otherwise
directs.
(2) The Government may declare what shall be the language of any such
Court and in what character applications to and proceedings in such Courts

shall be written.
(3) Where this Code requires or allows anything other than the recording of
evidence to be done in writing in any such Court, such writing may be in

English; but if any party or his pleader is unacquainted with English a
translation into the language of the Court shall, at his request, be supplied to
him; and the Court shall make such order as it thinks fit in respect of the
payment of the costs of such translation.
Power of 138.(1) The High Court Division may, by notification in the official Gazette,
High Court
direct with respect to any Judge specified in the notification, or falling under a
Division to
require description set forth therein, that evidence in cases in which an appeal is
evidence to
allowed shall be taken down by him in the English language and in manner
be recorded
in English. prescribed.
(2) Where a Judge is prevented by any sufficient reason from complying with
a direction under sub-section (1), he shall record the reason and cause the
evidence to be taken down in writing from his dictation in open Court.
Oath on 139. In the case of any affidavit under this Code-

affidavit by
(a) any Court or Magistrate, or
whom to be
administered. (b) any officer or other person whom [the Supreme Court] may appoint in
107
this behalf, or
(c) any officer appointed by any other Court which the Government has
generally or specially empowered in this behalf,

may administer the oath to the deponent.
Assessors 140.(1) In any Admiralty or Vice-Admiralty cause of salvage, towage or

in causes of
collision, the Court, whether it be exercising its original or its appellate
salvage, etc.
jurisdiction, may, if it thinks fit, and shall upon request of either party to such
cause, summon to its assistance, in such manner as it may direct or as may
be prescribed, two competent assessors; and such assessors shall attend
and assist accordingly.

(2) Every such assessor shall receive such fees for his attendance, to be
paid by such of the parties as the Court may direct or as may be prescribed.
Miscellaneous 141. The procedure provided in this Code in regard to suits shall be followed,
proceedings.
as far as it can be made applicable, in all proceedings in any Court of civil
jurisdiction.
Orders and
notices to
be in
writing. 142. All orders and notices served on or given to any person under the
provisions of this Code shall be in writing.
Postage 143. Postage, where chargeable on a notice, summons or letter issued under
this Code and forwarded by post, and the fee for registering the same, shall
be paid within a time to be fixed before the communication is made:

Provided that the Government may remit such postage, or fee, or both, or
may prescribed a scale of court-fees to be levied in lieu thereof.
Application 144.(1) Where and in so far as a decree is varied or reversed, the Court of
for
first instance shall, on the application of any party entitled to any benefit by
restitution.
way of restitution or otherwise, cause such restitution to be made as will, so
far as may be, place the parties in the position which they would have
occupied but for such decree or such part thereof as has been varied or
reversed; and, for this purpose, the Court may make any orders, including
orders for the refund of costs and for the payment of interest, damages,
compensation and mesne profits, which are properly consequential on such
variation or reversal.
(2) No suit shall be instituted for the purpose of obtaining any restitution or
other relief which could be obtained by application under sub-section (1).
Enforcement 145. Where any person has become liable as surety-

of liability of
(a) for the performance of any decree or any part thereof, or
surety.
(b) for the restitution of any property taken in execution of a decree, or
(c) for the payment of any money, or for the fulfilment of any condition
imposed on any person, under an order of the Court in any suit or in any
proceedings consequent thereon,
the decree or order may be executed against him, to the extent to which he
has rendered himself personally liable, in the manner herein provided for the
execution of decrees, and such person shall, for the purposes of appeal, be
deemed a party within the meaning of section 47:
Provided that such notice as the Court in each case thinks sufficient has
been given to the surety.
Proceedings 146. Save as otherwise provided by this Code or by any law for the time
by or
being in force, where any proceeding may be taken or application made by or
against
representatives. against any person, then the proceeding may be taken or the application may
be made by or against any person claiming under him.
Consent or 147. In all suits to which any person under disability is a party, any consent or
agreement
agreement, as to any proceeding shall, if given or made with the express
by persons
under leave of the Court by the next friend or guardian for the suit, have the same
disability.
force and effect as if such person, were under no disability and had given
such consent or made such agreement.
Enlargement 148. Where any period is fixed or granted by the Court for the doing of any
of time.
act prescribed or allowed by this Code, the Court may, in its discretion, from
time to time, enlarge such period, even though the period originally fixed or
granted may have expired.
Power to 149. Where the whole or any part of any fee prescribed for any document by
make up
the law for the time being in force relating to court-fees has not been paid,
deficiency
of court- the Court may, in its discretion, at any stage, allow the person, by whom such
fees.
fee is payable, to pay the whole or part, as the case may be, of such court-
fee; and upon such payment the document, in respect of which such fee is
payable, shall have the same force and effect as if such fee had been paid in
the first instance.
Transfer of 150. Save as otherwise provided, where the business of any Court is
business.
transferred to any other Court, the Court to which the business is so
transferred shall have the same powers and shall perform the same duties as
those respectively conferred and imposed by or under this Code upon the
Court from which the business was so transferred.
Saving of 151. Nothing in this Code shall be deemed to limit or otherwise affect the
inherent
inherent power of the Court to make such orders as may be necessary for
powers of
Court. the ends of justice or to prevent abuse of the process of the Court.
Amendment 152. Clerical or arithmetical mistakes in judgments, decrees or orders or

of
errors arising therein from any accidental slip or omission may at any time be
judgments,
decrees or corrected by the Court either of its own motion or on the application of any of
orders.
the parties.
General 153. The Court may at any time, and on such terms as to costs or otherwise
power to
as it thinks fit, amend any defect or error in any proceeding in a suit; and all
amend.
necessary amendments shall be made for the purpose of determining the
real question or issue raised by or depending on such proceeding.
Saving of 154. Nothing in this Code shall affect any present right of appeal which shall
present
right of have accrued to any party at its commencement.
appeal.
Amendment 155. The enactments mentioned in the Fourth Schedule are hereby amended
of certain
Acts. to the extent specified in the fourth column thereof.
[Repealed] 156. [Omitted by section 3 and 2nd Schedule of the Second Repealing and
Amending Act, 1914 (Act No. XVII of 1914).]
[Omitted] 157-158. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
1The words and figure "section 47 or" were omitted by the Code of Civil Procedure (Amendment) Ordinance, 1983 (Ordinance
No. XLVIII of 1983)
2
The commas and words ", and includes an advocate, a vakil and an attorney of a High Court" were omitted by section 3 and
2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
3 The words "The Republic" were substituted, for the words "Pakistan" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
4The word "Republic" was substituted, for the word "State" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
And Declaration) Act, 1973 (Act No. VIII of 1973).
5
The word "Republic" was substituted, for the word "Government" by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
6 The words "or local" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973)
7 The word "local" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973)
8 The word "Provincial" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
9 The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
11The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws
14The words "Bangladesh Biman" were substituted, for the words "Pakistan International Airways" by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
16 The words "Cox's Bazar" were substituted, for the word "Muree" by section 3 and 2nd Schedule of the Bangladesh Laws
18 The word "Khulna" was substituted, for the word "Bahawalpur" by section 3 and 2nd Schedule of the Bangladesh Laws
19 The words "at Khulna" was substituted, for the word "Bahawalpur" by section 3 and 2nd Schedule of the Bangladesh Laws
21 The words "but to the same High Court" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
And Declaration) Act, 1973 (Act No. VIII of 1973)
22 The word "said" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
23
Section 24A was inserted by section 7 of the Code of Civil Procedure (Amendment) Ordinance, 1962 (Ordinance No. XLIV
of 1962)
24 The word "Government" was substituted, for the words "Courts issuing such summons of processes have been established
or continued by the authority of the Central Government or that the Provincial Government of the Province in which such
summonses or processes are to be served" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)
25 Section 35A was substituted, by section 2 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
26 Section 35B was inserted by section 3 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
27 The words and comma "or by any Court established or continued by the authority of the Central Government in any
Acceding State," were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
28
Section 44A was inserted by section 2 of the Code of Civil Procedure (Amendment) Act, 1937 (Act No. VIII of 1937)
29The words "the United Kingdom or" were omitted by section 4 of the Code of Civil Procedure (Third Amendment), 2003 (Act
No. XL of 2003)
30 Explanation 1 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
31 The word "any" was substituted, for the words "the United Kingdom and such other" by section 4 of the Code of Civil
Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
32 Clause (a) of explanation 3 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No.
XL of 2003)
34 The words "the Railway" were substituted, for the words "a railway" by section 3 and 2nd Schedule of the Bangladesh Laws
35 The words, commas and figures "Army Act, 1952, Navy Ordinance, 1961, or the Air Force Act, 1953," were substituted, for
the words, commas, figures and brackets "Pakistan Army Act, 1952, applies, or of persons other than commissioned officers to
whom the Naval Discipline Act as modified by the Pakistan Navy (Discipline) Act, 1934," by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
37
The words "the Railway" were substituted, for the words "a railway" by section 3 and 2nd Schedule of the Bangladesh Laws
38 The word "Republic" was substituted, for the word "State" by section 3 and 2nd Schedule the Bangladesh Laws (Revision
40 Explanation 3 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
41Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act
No. VIII of 1973)
42The words "shall be Bangladesh" were substituted, for the words "shall be" by section 3 and 2nd Schedule of the
43Clause (a) and (b) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
44
Clauses (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act
No. VIII of 1973)
46The words "the Government" were substituted, for the words "that Government" by section 3 and 2nd Schedule of the
47
The words "the Railway" were substituted, for the words "a railway" by section 3 and 2nd Schedule of the Bangladesh Laws
48The word "concerned" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
49The word "Bangladesh" was substituted, for the words "the Provinces" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
52Sections 86 and 86A were substituted, for the original section 86 by section 2 of the Code of Civil Procedure (Amendment)
Ordinance, 1970 (Ordinance No. VI of 1970)
53Sections 89A and 89B were inserted by section 3 of the Code of Civil Procedure (Amendment) Act, 2003 (Act No. IV of
2003)
54 The words, comma, figures and bracket “Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003)” were substituted for the words,
comma, figures and bracket “Artha Rin Adalat Ain, 1990 (Act No. 4 of 1990)” by section 2(a)(i) of the Code of Civil Procedure
(Amendment) Act, 2012 (Act No. XXXVI of 2012).
55
The words “the Court shall” were substituted for the words “the Court may” by section 2(a)(ii) of the Code of Civil Procedure
(Amendment) Act, 2012 (Act No. XXXVI of 2012).
56 The words, commas, figures and breakets “to the concerned Legal Aid Officer appointed under the Legal Aid Act, 2000 (Act
No. 6 of 2000), or” were inserted after the words “or refer the dispute or disputes in the suit” by section 2(a) of Code of Civil
Procedure (Amendment) Act, 2017.
57
The full-stop (.) was substituted for the colon (:) and thereafter the proviso was omitted by section 2(a)(iii) of The Code of
Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
58Sub-section (3) was substituted by section 2(b) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of
2012).
59The words “or Legal Aid Officer” were inserted after the words “when the court” by section 2(b) of Code of Civil Procedure
(Amendment) Act, 2017.
60Sub-section (4) was substituted by section 2(c) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of
2012).
61
The words and comma “or the dispute or disputes are referred to Legal Aid Officer, or a mediator is appointed by the Court”
were substituted for the words “or a mediator is appointed by the Court” by section 2(c) of Code of Civil Procedure
(Amendment) Act, 2017.
62Sub-section (5) was substituted by section 2(d) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of
2012).
63
The words and commas “Legal Aid Officer or mediator, as the case may be,” were substituted for the word “mediator” by
section 2(d) of Code of Civil Procedure (Amendment) Act, 2017.
64 The words and commas “Legal Aid Officer or mediator, as the case may be,” were substituted for the word “mediator” by
section 2(d) of Code of Civil Procedure (Amendment) Act, 2017.
65 The words “prepare a report and pass an order in the manner” were substituted for the words “make a report and passed
order in a manner similar” by section 2(e) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).
66
The comma and words “, Legal Aid Officer” were inserted after the word “representatives” by section 2(e) of Code of Civil
Procedure (Amendment) Act, 2017.
67 Section 89C was inserted by section 2 of the Code of Civil Procedure (Amendment) Act, 2006 (Act No. VIII of 2006)
68 The word “shall” was substituted for the word “may” by section 3(a) of The Code of Civil Procedure (Amendment) Act, 2012
(Act No. XXXVI of 2012).
69Sub-section (2) was substituted by section 3(b) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of
2012).
70Section 89D and 89E were inserted by section 4 of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of
2012).
71The words "Attorney General" were substituted, for the words "Advocate General" by section 3 and 2nd Schedule of the
72 The words "Attorney General" were substituted, for the words "Advocate General" by section 3 and 2nd Schedule of the
75The words "ten thousand" were substituted, for the words "one thousand" by section 5 of the Code of Civil Procedure (Third
Amendment) Act, 2003 (Act No. XL of 2003)
76 Clause (a) to (f) were omitted by section 49 and 3rd Schedule of the Arbitration Act, 1940 (Act No. X of 1940)
77 Clause (ff) was inserted by section 3 of the Civil Procedure (Amendment) Act, 1922 (Act No. IX of 1922)
78The words "or local" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
79The words "Appellate Division" were substituted, for the words "Supreme Court" by section 3 and 2nd Schedule of the
80
The words "Appellate Division" were substituted, for the words "Supreme Court" by section 3 and 2nd Schedule of the
83
Clause (b) was omitted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
84 The words and figure "Appellate Division under article 103 of the Constitution of the People's Republic of Bangladesh" were
substituted, for the words and figure "Supreme Court under Article 158 of the Constitution" by section 3 and 2nd Schedule of
the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
85 The words "to the Appellate Division" were substituted, for the words "to that Court" by section 3 and 2nd Schedule of the
86
The words "before that Division" were substituted, for the words "before that Court" by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
87 Section 115 was substituted, by section 6 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
88 The comma and words ", vakils and attorneys" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws
89 Section 122 was substituted, for the original section 122 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
90 The words "for the purpose" were substituted, for the words "at the town which is the usual place of siting of each of the
High Courts" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
91Sub-section (2) was substituted, by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
92 The word "each" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
93The words "the Committee" were substituted, for the words "a Committee" by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
94The words "such Committee" were substituted, for the words "any such Committee" by section 3 and 2nd Schedule of the
95 The words and comma "or ceases to reside in the Province in which the Committee was constituted," were omitted by
section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
96 The word "each" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
97The word "The" was substituted, for the word "Every" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
98The words "Supreme Court" were substituted, for the words "High Court" by section 3 and 2nd Schedule of the Bangladesh
99The words "established at the town at which it is constituted" were omitted by section 3 and 2nd Schedule of the
100The words "Supreme Court" were substituted, for the words "High Court" by section 3 and 2nd Schedule of the
101
The commas and words ", within the local limits of the jurisdiction of the High Court which made them," were omitted by
section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
102The words "the Government" were substituted, for the words "such Government" by section 3 and 2nd Schedule of the
103 Section 135A was inserted by section 3 of the Legislative Members Exemption Act, 1925 (Act No. XXIII of 1925)
104The word "Parliament" was substituted, for the letter and word "a Legislature" by section 3 and 2nd Schedule of the
105The word "Parliament" was substituted, for the words "such Legislature" by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
106The word "Parliament" was substituted, for the words "such Legislature" by section 3 and 2nd Schedule of the Bangladesh
107 The words "the Supreme Court" were substituted, for the letter and word "a High Court" by section 3 and 2nd Schedule of
the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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Ministry of Law, Justice and Parliamentary Affairs

Bare Act Civil Court Procedure 1908

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Bare Act Civil Court Procedure 1908

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13/03/2022 The Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908

[ 21st March, 1908 ]

(2) "decree" means the formal expression of an adjudication which, so far as

but shall not include-

(b) any order of dismissal for default.

Explanation.-A decree is preliminary when further proceedings have to be

adjudication completely disposes of the suit. It may be partly preliminary and

passed or an order capable of execution has been made:

of original jurisdiction (hereinafter called a "District Court"), and includes the

which has no authority in Bangladesh and is not established or continued by

(7) "Government Pleader" includes any officer appointed by the Government

passed or an order capable of execution has been made:

wrongful possession of such property actually received or might with ordinary

(13) "movable property" includes growing crops:

which is not a decree:

Court 2[* * *]:

(16) "prescribed" means prescribed by rules:

(a) every Judge;

(b) every member of the Civil Service of 3[The Republic];

of Bangladesh while in the service of the 4[Republic];

investigate or report on any matter of law or fact, or to make, authenticate or

keep any document, or to take charge or dispose of any property, or to

preserve order, in the Court, and every person especially authorised by a

place or keep any person in confinement;

prevent offences, to give information of offences, to bring offenders to justice,

or to protect the public health, safety or convenience;

expend any property on behalf of the Government, or to make any survey,

revenue-process, or to investigate, or to report on, any matter affecting the

pecuniary interest of the Government, or to make, authenticate or keep any

document relating to the pecuniary interests of the Government, or to prevent

(h) every officer in the service or pay of the 5[Republic], or remunerated by

fees or commission for the performance of any public duty:

under section 122 or section 125:

(19) "share in a corporation" shall be deemed to include stock, debenture

stock, debentures or bonds: and

in force or any special jurisdiction or power conferred, or any special form of

(2) In particular and without prejudice to the generality of the proposition

contained in sub-section (1), nothing in this Code shall be deemed to limit or

(2) "Revenue Court" in sub-section (1) means a Court having jurisdiction

Pecuniary 6. Save in so far as is otherwise expressly provided, nothing herein

its ordinary jurisdiction.

of a Court of Small Causes under the said Act, that is to say,-

(a) so much of the body of the Code as relates to-

(i) suits excepted from the cognizance of a Court of Small Causes;

(ii) the execution of decrees in such suits;

(iii) the execution of decrees against immovable property; and

(b) the following sections, that is to say,-

sections 91 and 92,

sections 94 and 95 so far as they authorise or relate to-

(i) orders for the attachment of immovable

(iii) the appointment of a receiver of immovable property, or

sections 96 to 112 and 115.

Jurisdiction of the Courts and Res Judicata

the decision of questions as to religious rites or ceremonies.

issue is also directly and substantially in issue in a previously instituted suit

claimed, or in any Court beyond the limits of Bangladesh established or

Explanation.-The pendency of a suit in a foreign Court does not preclude the

Explanation II.-For the purposes of this section, the competence of a Court

shall be determined irrespective of any provisions as to a right of appeal from

the decision of such Court.

been alleged by one party and either denied or admitted, expressly or

impliedly, by the other.

ground of defence or attack in such former suit shall be deemed to have